Feds will investigate sexual assaults at UNC-CH

By MARTHA WAGGONER - Associated Press

Published: Thursday, March 7, 2013 at 09:34 AM.

RALEIGH — The U.S. Department of Education will investigate a complaint filed by five women about how the University of North Carolina at Chapel Hill handles sexual assault cases, according to a letter released by the women Wednesday.

The department's Office for Civil Rights said in a March 1 letter that it has opened an investigation because it's determined that the office has jurisdiction and the complaint was filed in a timely manner. The letter advises that the investigation is not an indication that the OCR has determined the complaint has merit.

The letter said the complaint alleges four violations by the university, including that it didn't respond appropriately to concerns about sexual assault and didn't provide impartial investigations of sexual assault.

The complaint was brought by three students, a former student and a former assistant dean of students, all women, in January.

Among those who filed the complaint is junior Andrea Pino, 21. She said Wednesday that she's pleased the OCR will investigate because she and the others devoted so much time working on the complaint.

“I think it says a lot about the severity of our complaint,” she said. “The contents of our complaint and the thorough research we put into everything carries a lot of weight. The students have made it clear that they have every intention of following through.”

RALEIGH — The U.S. Department of Education will investigate a complaint filed by five women about how the University of North Carolina at Chapel Hill handles sexual assault cases, according to a letter released by the women Wednesday.

The department's Office for Civil Rights said in a March 1 letter that it has opened an investigation because it's determined that the office has jurisdiction and the complaint was filed in a timely manner. The letter advises that the investigation is not an indication that the OCR has determined the complaint has merit.

The letter said the complaint alleges four violations by the university, including that it didn't respond appropriately to concerns about sexual assault and didn't provide impartial investigations of sexual assault.

The complaint was brought by three students, a former student and a former assistant dean of students, all women, in January.

Among those who filed the complaint is junior Andrea Pino, 21. She said Wednesday that she's pleased the OCR will investigate because she and the others devoted so much time working on the complaint.

“I think it says a lot about the severity of our complaint,” she said. “The contents of our complaint and the thorough research we put into everything carries a lot of weight. The students have made it clear that they have every intention of following through.”

Pino has said the complaint includes reports from about 60 unidentified students who say they were victims of sexual assault at UNC-Chapel Hill. In addition to Pino, the other main complainants are sophomore Landen Gambill, former student Annie Clark, an unidentified student and Melinda Manning, former assistant dean of students.

Gambill has been accused of violating the school's honor code by speaking out about her allegations that she was raped. The student-run honor court said she created an intimidating environment for the man she accused of raping her. The same honor court, whose proceedings are private, previously found the man not guilty in the assault, Gambill and her supporters have said.

Clark said she was excited the OCR is investigating, but also worried about the students who will have to recount their assaults again.

“But I wouldn't have it any other way,” she said. “I want UNC to improve, and if UNC improves, it can be a catalyst for nationwide change. We'll have to relive our stories and retell our stories, but it's all going to be worth it.”

UNC-CH officials confirmed they have received the OCR letter. The school will respond appropriately to the office's requests and cooperate fully, school spokeswoman Karen Moon said.

The women also have filed a federal complaint saying the school violated an act called the Clery Act by not treating students who say they were sexually assaulted the same as the people they accuse, Clark said.

That complaint also said the school under-reported sexual assault cases for 2010 in an annual report to the federal government on campus crime, but Clark said that's not the focus of the complaint. The school's top lawyer has told trustees that the accusation of under-reporting was false.

UNC-CH has hired Gina Smith, a nationally known expert on college sexual misconduct and a former prosecutor, to work on campus.